I'm totally ticked - Maxum Boat Owners Club

seapuppy · 09-01-2010, 03:20 AM

Here's one for you vets.....not military vets...I mean boating vets...
I like to think of myself as a real responsible person....we pay our bills...we take responsibility for our actions and we help where we can, whenever we can....boating is no exception.(bear with me libs)

last july in 2009 we took our brand new boat to us..the bayliner 340 ciera sunbridge and headed for the san juan and gulf islands...granted I was still learning to drive the boat...hell..I am still trying to learn how to drive it...but I'm a lot better now...
we had travelled all the way up to Nanaimo BC...headed down to thetus island at telegraph harbor and montegue harbor...then down to Brentwood marina, and finally at Roche Harbor in the san juans...
as we approached the customs dock to tie up, I had the boat lined up and marsha got off to tie the stern line...after I got the boat into reverse to stop my fwd motion, I slipped the drives into neutral, however the stbd drive into fwd ..just barely...
our boat kept moving as I got off to help tie up and I realized the boat was still moving and jumped back into the helm station and grabbed the stbd handle into neutral....we tagged the boat in front of me and bounced off the bow rails....I got our boat into place and tied up...I went fwd to the bow rails only to hear the woman screaming at me...which I appologized and checked for damage ...none found...I looked at her bow rails and no damage was done....
after we got secured and all...I went inside and copied my contact info down on paper, grabbed a business card and talked to the lady in the boat and told her to have her boat inspected for damage and if there was any, to contact me and I'd make sure the damage was repaired and contact my insurance...

take your time machine and come forward to today...I got a letter today from BOATUS stating that he had flooding damage found in december of last yr ..and that the damage was estimated at close to 5k.....yep...1 yr and 2 mos later this clown is trying to sue me for 5k to make repairs on his boat.....

now I don't know about you..but I had my bow inspected when I got home and found no damage to the bow....the railings weren't damaged and the seating at the hull was still perfect...no leaking ..no cracked anything.....

I'm so ticked off it isn't funny....I contacted my insurance office and she is steaming mad....this is nothing more than negligence on the part of the other boater......
I did my part ...I got my boat inspected and gave my contact information...as far as I know this clown could have banged into almost anything in the yr and 2 mos later.!!!..

SP

Tommyfmu · 09-01-2010, 03:29 AM

Oh man, I hate it when people try to take total advantage of someone else trying to do the right thing. Sorry to hear. Good thing about insurance is that you can just put it in their hands, hopefully it'll be over really fast and your premium won't go up, at least too much. In the future try to always whip out the camera phone to take some pics if you can.

I think I can top that bad news though: just got a call from my mechanic; port engine needs to be pulled and repaired, or reman'd. Why oh why didn't the wife leave good enough alone and let us keep the Maxum!

seapuppy · 09-01-2010, 03:45 AM

oh man tommy...that sucks...

since we didn't have any damage...I figured there wasn't a need for photo's....whoda thunk....I contacted my insurance agent and she's ticked..wants to go after this idiot....so..I gotta send her a write up on the event and she's going to get it to the adjusters...let them deal with it...

SP

Nimh · 09-01-2010, 04:00 AM

That stinks, Steve! Really sorry to hear this, but the good news... you're insured, RIGHT? Flood damage a year later. What an absolute crock!! These types of people are out there unfortunately, and subsequently this is why all of our insurance premiums continue to rise regularly. I can only hope there's enough information that BoatUS (our insurer also) can prove they are pulling a fraud job.

There was something in the air today, I guess. Sorry to hear about your port Engine TommyFmu. We loved our Carver too and it would have been worth fixin'... The garbage I found out today I can't bring myself to discuss here actually. Myself? I'm gonna hug the wife, pet the cat and hit the rack. I'm looking forward to putting this one behind me.

shrew · 09-01-2010, 01:45 PM

OMG!!!! I am often criticized for frequently saying "Deep down in their heart of hearts.............people truly SUQ!!! If you don't think so, ask yourself why so many people are willing to cut you off in traffic, but not in line at the grcoery store?"

While I don't know you personally, I think it's fair to say based on the exchanges here on this forum that you're a genuinely stand-up guy. I rarely see anyone take as much time as you do to help other people and generally do the right thing. I couldn't say how this will turn out, and other than words of encouragement I don't have anytnhing worthwhile or helpful to provide for you, despite the amoutn of help you've given me and others. I can only offer my sympathy and assure you, I'm equally as frustrated for you.

Tommyfmu · 09-01-2010, 04:13 PM

As Shrew said I truly hope it works out with little stress on your part, and the plaintiff gets little of what they are going after. Here's a short story of a major win by 'one of the (self proclaimed) good guys - me:"

I was in a fender bender in NY City in 1987. The other driver, in a rented car, said she couldn't wait around due to catching a flight, so we just changed drivers license info and registration, and went on our merry ways.

2 years and 363 days later I received a civil action lawsuit for $500k, delivered to my parents house, which matched my provided license information I gave her. After my initial shock, dismay and scared shytliss, my dander got up in a big way and I worked vehemently with my insurance co. lawyer, and attended a preliminary fact finding meeting with an arbitrator.

The bottom line was that I was served incorrectly because I had since moved to my own coop and it was very easy for the plaintiffs lawyer to simply open the phone book to see my current residence. I drove all the pertinent points home very assertively at the hearing. The plaintiffs lawyer, who probably told the plaintiff at a cocktail party "hey lets try to get some settlement money," sat there like "OMG, I don't stand a chance."

Lawsuit dismissed. Statute of limitations expired in 3 years so by the time this was dismissed, it was too late to file a new suit.

tackleshep · 09-01-2010, 04:26 PM

Sea Puppy, sorry to hear about that crap. But - Breathe in, breathe out, let the insurance company take care of it. As an insurance person I'm always trying to tell people that half of what they pay is simply defense. While people like you and me might not do many things that would cause a claim all it takes is a couple crazy folks accusing and you have a problem. Pay the premium and now it's their problem.

Brianm · 09-01-2010, 07:17 PM

SP,

I am an adjuster (aviation - not marine) but I see this S@@t all the time. You did the right thing by giving him your contact info when it happened and are doing the right thing now by letting your insurer handle it. There is nothing to prevent this type of thing from happening unless he waited until the PD statute had run. Just remember while he can "claim" anything, he / his insurer have the burden of proof - not you. Sounds to me like they will be hard pressed to meet that burden of proof given the minimal nature of the impact, lack of visible damage at POI not to mention proving that any alleged damage to a rail resulted in a leak that went undetected for so long. He not only has the burden of proof but he also has the obligation to mitigate his damages and it would appear he didn't do that either (timely inspection / repair). It's people like this that cause all of us to pay hire premiums but we can't allow them to cause us any aggravation (hard, I know), sleepless nights or prevent stand up guys like yourself from continuing to do the right thing. Good luck and hang in there cuz I firmly believe the good guys win in the long run!

racer2c · 09-01-2010, 08:59 PM

Wow! Maybe we'll be reading about this in Seaworthy! What kind of boat were they in?

seapuppy · 09-01-2010, 10:16 PM

they were in some sort of trawler type boat...big wooden thing...

Brian, thanks for the info and kudo's....just makes you so friggin mad when someone is a putz about it all...I'm more than happy to stand up and admit guilt...well..maybe not happy...

..but it's the right thing to do...this guy I feel is just taking advantage of a situation he let go far too long...if it was damaged from the beginning...fine...make the repairs ...but since he's waited over a yr...prove to me it was my fault if he couldn't even take the time to get it inspected properly at the time!!!

SP

ed & inge · 09-02-2010, 09:39 AM

hai pup......

i dont know how the insurance rules are in the states but here in the netherlands the companys say in their conditions........you'll have to take care of your ship as a good housefather (that means....a good housefather takes care for his wife kids and properties, that everything is insured, that it is not damaged etc etc....) you did the right thing.....but he did'nt, so to my opinion he loses all his rights because he did'nt take care of his ship like a good housefather.......(to let it check right away) you know were your boat hit the boat of that people......ask pictures of their damage (you know there was none that time) could be that their damage is at a totally other place than were you hit it.......to me.....????.......it stinks like hell.......because if i were them.....i would let it check right away, and not after such a long time...

greatz, ed

seapuppy · 09-02-2010, 02:08 PM

thanks guys....I did contact my mechanic at lake union searay and they did forward me the report that when I got back..I had it inspected and no damage was found on my boat..you'd have thought if they suspected any damage, they would have got it inspected and repaired..heck..it wasn't going to cost them anything...my insurance would have paid for it provided they filed something too me...so...I did fwd the report to my insurance company and they can handle it...

SP

tackleshep · 09-02-2010, 03:27 PM

Pup,

Yeah your thinking about this way to much. The guy either had an ongoing structural problem with his boat or hit something else. Because we are NEVER at fault for anything we do anymore he just decided to blame any/everything on you. It's common and basic procedure for most people so like we said.....screw em and let your insurance handle it.

tackleshep · 09-02-2010, 03:29 PM

Quote:

Originally Posted by ed & inge

hai pup......

i dont know how the insurance rules are in the states but here in the netherlands the companys say in their conditions........you'll have to take care of your ship as a good housefather (that means....a good housefather takes care for his wife kids and properties, that everything is insured, that it is not damaged etc etc....) you did the right thing.....but he did'nt, so to my opinion he loses all his rights because he did'nt take care of his ship like a good housefather.......(to let it check right away) you know were your boat hit the boat of that people......ask pictures of their damage (you know there was none that time) could be that their damage is at a totally other place than were you hit it.......to me.....????.......it stinks like hell.......because if i were them.....i would let it check right away, and not after such a long time...

greatz, ed

And Ed, I'm now convinced I will stay on this board as long as you guys do. Being from damn near the exact center of the States I don't get much of an opportunity to be around folks that speak the same language in such a different way........it brightens my day.

ed & inge · 09-02-2010, 09:57 PM

Quote:

Originally Posted by tackleshep

And Ed, I'm now convinced I will stay on this board as long as you guys do. Being from damn near the exact center of the States I don't get much of an opportunity to be around folks that speak the same language in such a different way........it brightens my day.

txs.....from all of us...

greatz, ed

seapuppy · 09-02-2010, 11:00 PM

well ..if you guys want to stop huggin eachother for a few minutes....I'll give you an update on my adventures of insurance land..
I spoke with the claims investigator and he told me that the burden of proof is on them..he's going to ask for pictures...reports and estimates....and he agrees that after over a yr, they come up with this..is a reach...chances are they may pay it out...but chances are that they won't since this is so long in the process and he's been negligent in reporting or investigating damage...
and what I have on my side is that when I got back ..I had my mechanic inspect the bow of my boat and found no damage...they documented the incident for their files and forwarded the information too me, which I in turn sent to my agent....so...it's up to them to figure this out...

SP

Nimh · 09-02-2010, 11:37 PM

As these things go, sounds like you're in a good place. Glad to hear it, Man.